Minimum Age Convention, 1973 (No. 138) - Barbados (Ratification: 2000)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC) engages in educational and research projects on child labour. The Committee also noted the Government’s statement that the Minister of Labour approved the Roadmap 2016, which identifies strategies to help in the elimination of child labour.

The Committee notes the Government’s indication that the NCLC is currently not active. It further notes that the Government’s report does not provide information on the implementation of the Roadmap 2016. The Committee finally observes that, according to the Multiple Indicator Cluster Survey 2012, 2.3 per cent of children aged 5 to 14 are involved in child labour. The Committee once again requests the Government to provide information on the measures taken, within the framework of the Roadmap 2016, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. The Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. The Committee further noted the Barbados Workers Union’s observations that discussions should begin on the types of hazardous work prohibited for children under 18 years of age. The Committee noted the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observed that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. The Committee finally noted the Government’s indication that new legislation regarding safety and health at work was being prepared.

The Committee notes the Government’s statement in its report that the formulation of a list of types of hazardous work prohibited to persons under 18 is being considered. The Committee further notes that, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013 and that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. Noting with concern that the Committee has been referring to the list since 2006, the Committee urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned. It requests the Government to indicate if this list will be included in the draft regulations under the provisions of the SHAW.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC) engages in educational and research projects on child labour. The Committee also noted the Government’s statement that the Minister of Labour approved the Roadmap 2016, which identifies strategies to help in the elimination of child labour.

The Committee notes the Government’s indication that the NCLC is currently not active. It further notes that the Government’s report does not provide information on the implementation of the Roadmap 2016. The Committee finally observes that, according to the Multiple Indicator Cluster Survey 2012, 2.3 per cent of children aged 5 to 14 are involved in child labour. The Committee once again requests the Government to provide information on the measures taken, within the framework of the Roadmap 2016, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. The Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. The Committee further noted the Barbados Workers Union’s observations that discussions should begin on the types of hazardous work prohibited for children under 18 years of age. The Committee noted the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observed that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. The Committee finally noted the Government’s indication that new legislation regarding safety and health at work was being prepared.

The Committee notes the Government’s statement in its report that the formulation of a list of types of hazardous work prohibited to persons under 18 is being considered. The Committee further notes that, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013 and that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. Noting with concern that the Committee has been referring to the list since 2006, the Committee urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned. It requests the Government to indicate if this list will be included in the draft regulations under the provisions of the SHAW.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC) engages in educational and research projects on child labour. The Committee also noted the Government’s statement that the Minister of Labour approved the Roadmap 2016, which identifies strategies to help in the elimination of child labour.

The Committee notes the Government’s indication that the NCLC is currently not active. It further notes that the Government’s report does not provide information on the implementation of the Roadmap 2016. The Committee finally observes that, according to the Multiple Indicator Cluster Survey 2012, 2.3 per cent of children aged 5 to 14 are involved in child labour. The Committee once again requests the Government to provide information on the measures taken, within the framework of the Roadmap 2016, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. The Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. The Committee further noted the Barbados Workers Union’s observations that discussions should begin on the types of hazardous work prohibited for children under 18 years of age. The Committee noted the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observed that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. The Committee finally noted the Government’s indication that new legislation regarding safety and health at work was being prepared.

The Committee notes the Government’s statement in its report that the formulation of a list of types of hazardous work prohibited to persons under 18 is being considered. The Committee further notes that, with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013 and that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. Noting with concern that the Committee has been referring to the list since 2006, the Committee urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned. It requests the Government to indicate if this list will be included in the draft regulations under the provisions of the SHAW.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the communication of the Barbados Workers Union (BWU), dated 31 August 2011, as well as the Government’s report.

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC), which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. It requested the Government to continue to provide information on the activities of the NCLC.

The Committee notes the Government’s indication that the NCLC did not meet during the past year. However, the Committee notes the Government’s statement that the Minister of Labour approved the “Roadmap 2016” in May 2010, following tripartite consultations. The Government indicates that the Roadmap 2016 identifies strategies to help in the elimination of child labour. The Committee requests the Government to provide information on the measures taken, within the framework of the “Roadmap 2016”, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. However, the Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. This comprehensive list included, inter alia, work in construction and welding where stringent health and safety guidelines are not followed; work underground, underwater, at dangerous heights or in confined spaces; work involving the use of dangerous chemicals; work in the agricultural sector which exposes children to dangerous conditions; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list had been included in any government legislation or regulation.

The Committee notes that BWU’s statement that discussions should begin on the types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that the Pesticide Control Regulations do not contain any provisions referring to types of hazardous work prohibited for persons under 18, and that the Protection of Children’s Act only concerns provisions relating to indecent photographs of children. Moreover, the Committee notes that the prohibition contained in the Factories Act only concerns certain processes connected with lead manufacture and that the Employment (Miscellaneous Provisions) Act only prohibits persons under 18 from working at night in industrial undertakings. The Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. However, the Committee notes the Government’s indication that new legislation regarding safety and health at work is being prepared. The Committee therefore urges the Government to take the necessary measures, including in the context of the new safety and health at work legislation, to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned.

Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s statement that inspectors have not found any school-age children to be in full-time employment. It also noted the copy of the Inspection of Shops form and the Factory Inspection Report form included in the Government’s report, which both permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee further noted the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee requested the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board and factory and shops officers.

The Committee notes the Government’s statement that no cases of child labour have been detected by the Child Care Board or by Safety and Health Officers and Labour Officers of the Labour Department, who routinely engaged in the inspection of factories and shops. The Committee takes due note of this information and requests the Government to continue to provide information on the manner in which the Convention is applied in practice, particularly with regard to the informal economy.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication of the Barbados Workers Union (BWU), dated 31 August 2011, as well as the Government’s report.

Article 1 of the Convention. National policy. The Committee previously noted that the National Child Labour Committee (NCLC), which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. It requested the Government to continue to provide information on the activities of the NCLC.

The Committee notes the Government’s indication that the NCLC did not meet during the past year. However, the Committee notes the Government’s statement that the Minister of Labour approved the “Roadmap 2016” in May 2010, following tripartite consultations. The Government indicates that the Roadmap 2016 identifies strategies to help in the elimination of child labour. The Committee requests the Government to provide information on the measures taken, within the framework of the “Roadmap 2016”, to combat child labour, and on the results achieved.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 3(2) of the Convention. However, the Committee also noted the Government’s indication that a list of the types of hazardous work prohibited to young persons had been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the elaboration of this list. This comprehensive list included, inter alia, work in construction and welding where stringent health and safety guidelines are not followed; work underground, underwater, at dangerous heights or in confined spaces; work involving the use of dangerous chemicals; work in the agricultural sector which exposes children to dangerous conditions; and work with dangerous machinery, equipment, and tools or work that involves the manual handling or transport of heavy loads. The Committee requested the Government to indicate if this list had been included in any government legislation or regulation.

The Committee notes that BWU’s statement that discussions should begin on the types of hazardous work prohibited for children under 18 years of age.

The Committee notes the Government’s statement that the types of hazardous work prohibited to persons under 18 are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that the Pesticide Control Regulations do not contain any provisions referring to types of hazardous work prohibited for persons under 18, and that the Protection of Children’s Act only concerns provisions relating to indecent photographs of children. Moreover, the Committee notes that the prohibition contained in the Factories Act only concerns certain processes connected with lead manufacture and that the Employment (Miscellaneous Provisions) Act only prohibits persons under 18 from working at night in industrial undertakings. The Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18. However, the Committee notes the Government’s indication that new legislation regarding safety and health at work is being prepared. The Committee therefore urges the Government to take the necessary measures, including in the context of the new safety and health at work legislation, to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned.

Article 4. Exclusion of limited categories of employment or work. The Committee previously noted that, according to section 12(b) of the Employment (Miscellaneous Provisions) Act, the Act’s provisions regarding the employment of children do not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee requested the Government to indicate any changes in law and practice in respect to this excluded category.

The Committee notes the Government’s indication that there have been no changes in law and practice with respect to this excluded category.

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. The Committee previously noted the Government’s statement that inspectors have not found any school-age children to be in full-time employment. It also noted the copy of the Inspection of Shops form and the Factory Inspection Report form included in the Government’s report, which both permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee further noted the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee requested the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board and factory and shops officers.

The Committee notes the Government’s statement that no cases of child labour have been detected by the Child Care Board or by Safety and Health Officers and Labour Officers of the Labour Department, who routinely engaged in the inspection of factories and shops. The Committee takes due note of this information and requests the Government to continue to provide information on the manner in which the Convention is applied in practice, particularly with regard to the informal economy.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy. The Committee previously requested the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. The Committee noted that, in its report provided under Convention No. 182, the Government indicated that the National Child Labour Committee, which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. The Committee further noted the Government’s statement that an educational campaign has been initiated by the Ministry of Labour aimed at eliminating the worst forms of child labour, and that the Ministry, in cooperation with UNICEF, produced a pamphlet on the subject of child labour. The Committee noted the information in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 (hereinafter referred to as “ILO review”) that Barbados has not yet developed a comprehensive policy framework to address the elimination of child labour. However, the report highlights that the Government has sound national policies in areas connected with child labour, such as education, childcare protection, welfare, social security and labour. The Committee requests the Government to continue to provide information on the activities of the National Child Labour Committee, including any work on national policy measures designed to effectively reduce and eliminate child labour.

Article 2(1). Scope of application. The Committee previously noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or on a ship. It also noted that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment (Miscellaneous Provisions) Act and the Shipping Act seem to be applicable only to industrial undertakings and ships. The Committee requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity.

The Committee noted that the section 4(7) of the Recruiting of Workers’ Act prohibits recruiting persons under the age of 16 years, except in the case of parental consent for children over 14 to engage in light work. Furthermore, the Committee noted that section 13 of the Employment (Miscellaneous Provisions) Act stipulates that “no child shall be allowed to work between 6.00 p.m. of one day and 7.00 a.m. of the following day in any undertaking whatsoever”. The Committee also noted that section 14 of the Employment (Miscellaneous Provisions) Act prohibits work during school hours of any child or young person of compulsory school age (which is defined in section 2(1) of the Education Act as between 5 and 16 years old). Pursuant to section 15 of the Employment (Miscellaneous Provisions) Act, an employer who employs any person in contravention of the Act is guilty of an offence and is liable on summary conviction to a fine not exceeding 1,000 dollars and imprisonment for a term not exceeding 12 months. The Committee further noted the information in the Government’s report that school hours are typically between 8.30 a.m. and 3.30 p.m. and that compulsory school attendance is vigorously enforced with school attendance officers assigned to check that children attend school. The Committee noted the Government’s statement that, due to these limits, in practice, a worker who is of school age cannot be admitted to full-time employment in any form of undertaking, and not only industrial undertakings.

Article 3(2). Determination of hazardous work. The Committee previously noted that the Employment (Miscellaneous Provisions) Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. The Committee considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. The Committee therefore asked the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3(2), of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee noted the Government’s statement that, pursuant to section 74(1) of the Factories Act, inspectors have the power to determine whether a particular task or process is hazardous to a young person. The Committee further noted that, in its report provided under Convention No. 182, the Government indicated that a list of the types of hazardous work prohibited to young persons has been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the creation of this list. The Committee requests the Government to indicate if the list of hazardous work prohibited for children under 18 years has been included in any government legislation or regulation, and to indicate what penalties exist for employers found to be in violation of the provisions of this list.

Article 4. Exclusion of limited categories of employment or work. The Committee previously noted that, according to section 12(b) of the Employment (Miscellaneous Provisions) Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee asked the Government to state the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment (Miscellaneous Provisions) Act, as well as the extent to which effect was given to the Convention in respect of work done by children in family undertakings. The Committee also asked the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee noted the Government’s indication that section 5(1) of the Prevention of Cruelty to Children Act states that “[a]ny person over the age of 16 years, having the custody, charge or care of any child under the age of 16 years, who wilfully assaults, ill-treats, neglects, abandons or exposes such child or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or injury to its health (including injury to, or loss of sight or hearing or limb or organ of the body and any mental derangement), shall be guilty of a misdemeanour and shall be liable on conviction on indictment to a fine of $120 and, in default of payment of such fine, to imprisonment for one year, or to imprisonment for one year or to both such fine and imprisonment, or on summary conviction to a fine of $24 and, in default of payment of such fine, to imprisonment for three months or to imprisonment for three months, or to both such fine and imprisonment”. The Committee noted the Government’s information that that this provision applies notwithstanding the Employment (Miscellaneous Provisions) Act. The Committee requests the Government to indicate in future reports any changes in law and practice in respect to this excluded category.

Article 7. Light work. The Committee previously noted the Government’s statement that no use had been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment (Miscellaneous Provisions) Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3), of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee requested the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons aged 13 years and above. The Committee noted the Government’s position that work that does not interfere with the educational development of a child can be undertaken by persons starting at age 13, and that this was addressed in a brochure produced by the Ministry of Labour. The Committee noted the Government’s statement that, due to the restrictions in the Employment (Miscellaneous Provisions) Act, children are only able to work in a non-industrial undertaking from 3.00 p.m. to 6.00 p.m. during a school day and on non-school days from 7.00 a.m. to 6.00 p.m. Moreover, the Committee noted that section 4(7) of the Recruiting of Workers’ Act states that the Minister of Labour may, by regulations, permit persons above the age of 14 years to be recruited with the consent of their parents or guardians, for employment of light work, subject to such conditions as he may prescribe. The Committee requests the Government to indicate if any regulations prescribing conditions for light work have been adopted, pursuant to section 4(7) of the Recruiting of Workers’ Act.

Part III of the report form. Labour inspection. The Committee previously requested the Government to provide information on the practical application of the inspections carried out by labour officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee noted the copy of the Shops Act included in the Government’s report, and the copy of the Inspection of Shops form. The Committee also noted the copy of the Factory Inspection Report form included in the Government’s report. The Committee noted that both of these forms permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee noted the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee noted the information in the Government’s report that, pursuant to section 43(2) of the Education Act, school attendance officers are empowered to take measures to enforce school attendance. The Committee also noted the Government’s information that the Child Care Board investigates all reported cases of child labour. The Committee requests the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board, the factory and shops officers, as well as to supply copies of any reports of such inspections.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons. The Committee noted the Government’s statement that inspectors have not found any school-age children to be in full time employment. The Committee requests the Government to provide information on the manner in which the Convention is applied, particularly on the number of children by age group who are engaged in part-time work, including their working conditions and the number of hours worked. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National Policy. The Committee previously requested the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. The Committee notes that, in its report provided under Convention No. 182, the Government indicates that the National Child Labour Committee, which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. The Committee further notes the Government’s statement that an educational campaign has been initiated by the Ministry of Labour aimed at eliminating the worst forms of child labour, and that the Ministry, in cooperation with UNICEF, produced a pamphlet on the subject of child labour. The Committee notes the information in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 (hereinafter referred to as “ILO review”) that Barbados has not yet developed a comprehensive policy framework to address the elimination of child labour. However, the report highlights that the Government has sound national policies in areas connected with child labour, such as education, childcare protection, welfare, social security and labour. The Committee requests the Government to continue to provide information on the activities of the National Child Labour Committee, including any work on national policy measures designed to effectively reduce and eliminate child labour.

Article 2, paragraph 1. Scope of application. The Committee previously noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or on a ship. It also noted that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment (Miscellaneous Provisions) Act and the Shipping Act seem to be applicable only to industrial undertakings and ships. The Committee requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity.

The Committee notes that the section 4(7) of the Recruiting of Workers’ Act prohibits recruiting persons under the age of 16 years, except in the case of parental consent for children over 14 to engage in light work. Furthermore, the Committee notes that section 13 of the Employment (Miscellaneous Provisions) Act stipulates that “no child shall be allowed to work between 6.00 p.m. of one day and 7.00 a.m. of the following day in any undertaking whatsoever”. The Committee also notes that section 14 of the Employment (Miscellaneous Provisions) Act prohibits work during school hours of any child or young person of compulsory school age (which is defined in section 2(1) of the Education Act as between 5 and 16 years old). Pursuant to section 15 of the Employment (Miscellaneous Provisions) Act, an employer who employs any person in contravention of the Act is guilty of an offence and is liable on summary conviction to a fine not exceeding 1,000 dollars and imprisonment for a term not exceeding 12 months. The Committee further notes the information in the Government’s report that school hours are typically between 8.30 a.m. and 3.30 p.m. and that compulsory school attendance is vigorously enforced with school attendance officers assigned to check that children attend school. The Committee notes the Government’s statement that, due to these limits, in practice, a worker who is of school age cannot be admitted to full-time employment in any form of undertaking, and not only industrial undertakings.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee previously noted the information in the Government’s report that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asked the Government to supply a copy of the Liquor Licences Act. The Committee notes the copy of the Liquor Licenses Act submitted with the Government’s report.

Article 3, paragraph 2. Determination of hazardous work. The Committee previously noted that the Employment (Miscellaneous Provisions) Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. The Committee considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. The Committee therefore asked the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3(2), of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee notes the Government’s statement that, pursuant to section 74(1) of the Factories Act, inspectors have the power to determine whether a particular task or process is hazardous to a young person. The Committee further notes that, in its report provided under Convention No. 182, the Government indicates that a list of the types of hazardous work prohibited to young persons has been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the creation of this list. The Committee requests the Government to indicate if the list of hazardous work prohibited for children under 18 years has been included in any government legislation or regulation, and to indicate what penalties exist for employers found to be in violation of the provisions of this list.

Article 4. Exclusion of limited categories of employment or work. The Committee previously noted that, according to section 12(b) of the Employment (Miscellaneous Provisions) Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee asked the Government to state the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment (Miscellaneous Provisions) Act, as well as the extent to which effect was given to the Convention in respect of work done by children in family undertakings. The Committee also asked the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that section 5(1) of the Prevention of Cruelty to Children Act states that “[a]ny person over the age of 16 years, having the custody, charge or care of any child under the age of 16 years, who wilfully assaults, ill-treats, neglects, abandons or exposes such child or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or injury to its health (including injury to, or loss of sight or hearing or limb or organ of the body and any mental derangement), shall be guilty of a misdemeanour and shall be liable on conviction on indictment to a fine of $120 and, in default of payment of such fine, to imprisonment for one year, or to imprisonment for one year or to both such fine and imprisonment, or on summary conviction to a fine of $24 and, in default of payment of such fine, to imprisonment for three months or to imprisonment for three months, or to both such fine and imprisonment”. The Committee notes the Government’s information that that this provision applies notwithstanding the Employment (Miscellaneous Provisions) Act. The Committee requests the Government to indicate in future reports any changes in law and practice in respect to this excluded category.

Article 7. Light work. The Committee previously noted the Government’s statement that no use had been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment (Miscellaneous Provisions) Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3), of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee requested the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons aged 13 years and above. The Committee notes the Government’s position that work that does not interfere with the educational development of a child can be undertaken by persons starting at age 13, and that this was addressed in a brochure produced by the Ministry of Labour. The Committee notes the Government’s statement that, due to the restrictions in the Employment (Miscellaneous Provisions) Act, children are only able to work in a non-industrial undertaking from 3.00 p.m. to 6.00 p.m. during a school day and on non-school days from 7.00 a.m. to 6.00 p.m. Moreover, the Committee notes that section 4(7) of the Recruiting of Workers’ Act states that the Minister of Labour may, by regulations, permit persons above the age of 14 years to be recruited with the consent of their parents or guardians, for employment of light work, subject to such conditions as he may prescribe. The Committee requests the Government to indicate if any regulations prescribing conditions for light work have been adopted, pursuant to section 4(7) of the Recruiting of Workers’ Act.

Part III of the report form. Labour inspection. The Committee previously requested the Government to provide information on the practical application of the inspections carried out by labour officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee notes the copy of the Shops Act included in the Government’s report, and the copy of the Inspection of Shops form. The Committee also notes the copy of the Factory Inspection Report form included in the Government’s report. The Committee notes that both of these forms permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee notes the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee notes the information in the Government’s report that, pursuant to section 43(2) of the Education Act, school attendance officers are empowered to take measures to enforce school attendance. The Committee also notes the Government’s information that the Child Care Board investigates all reported cases of child labour. The Committee requests the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board, the factory and shops officers, as well as to supply copies of any reports of such inspections.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons. The Committee notes the Government’s statement that inspectors have not found any school-age children to be in full time employment. The Committee requests the Government to provide information on the manner in which the Convention is applied, particularly on the number of children by age group who are engaged in part-time work, including their working conditions and the number of hours worked. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee noted that on December 2002 ILO established the following study: “Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment”. It noted that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee noted that, according to the ILO Assessment Study, Barbados has a well‑developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also noted that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee noted that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It noted that, according to section 8(1) of the Employment Act, no “young person” (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further noted the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and “young persons” (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee noted that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee noted the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that the Employment Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that while section 8(1) of the Employment Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminded the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee noted the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7, paragraphs 1 and 3, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Part III of the report form. The Committee noted the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It noted that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also noted that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee noted the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It noted the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee noted that, according to the “rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee noted that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee noted that on December 2002 ILO established the following study: “Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment”. It noted that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee noted that, according to the ILO Assessment Study, Barbados has a well‑developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also noted that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee noted that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It noted that, according to section 8(1) of the Employment Act, no “young person” (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further noted the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and “young persons” (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee noted that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee noted the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee noted that the Employment Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that while section 8(1) of the Employment Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminded the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee noted the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7, paragraphs 1 and 3, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Part III of the report form. The Committee noted the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It noted that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It noted that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also noted that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee noted the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It noted the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee noted that, according to the “rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee noted that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes that on December 2002 ILO established the following study: “Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment”. It notes that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee notes that, according to the ILO Assessment Study, Barbados has a well-developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also notes that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee notes that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee notes that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It notes that, according to section 8(1) of the Employment Act, no “young person” (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further notes the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and “young persons” (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee notes that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee notes the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the Employment Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also notes that while section 8(1) of the Employment Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee notes that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee notes that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also notes that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalls that Article 7, paragraphs 1 and 3, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Part III of the report form. The Committee notes the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It notes that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also notes that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee notes the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It notes the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee notes that, according to the “rapid assessment on the situation of children in the worst forms of child labour in a tourism economy” established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee notes that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes that on December 2002 ILO established the following study: "Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment". It notes that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee notes that, according to the ILO Assessment Study, Barbados has a well-developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also notes that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee notes that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee notes that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 2, paragraph 2. Raising of the minimum age originally specified. The Committee notes that, at the time of ratification, the Government declared 15 years to be the general minimum age for admission to employment or work. However, it takes due note of the Government’s information that the Employment (Miscellaneous Provisions) Amendment Act, 2001, was enacted subsequent to the ratification of this Convention. This text, for the purposes of the minimum age for admission to work, amends section 2 of the Employment Act, 1977 defining a "child" as a person under 16 years of age (previous definition: under 15 years) and a "young person" as a person between 16 and 18 years of age. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for States, which raise the minimum age for admission to employment or work initially specified, to inform the Director-General of the International Labour Office by further declarations.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s statement that, according to section 41 of the Education Act of 1981 and section 2 of the Education (Amendment) Act of 1995, in Barbados education is free (in public educational institutions) and compulsory from the age of 5 to 16 years and an individual cannot be admitted fully to employment unless he/she has passed 16 years of age.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It notes that, according to section 8(1) of the Employment Act, no "young person" (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further notes the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and "young persons" (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee notes that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee notes the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the Employment Act provides for an extensible definition of "industrial undertaking" (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also notes that while section 8(1) of the Employment Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee notes that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee notes that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also notes that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalls that Article 7, paragraphs 1 and 3, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Article 8. Artistic performances. Noting the absence of information on this point in the Government’s report, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 16 years participate in artistic performances in practice.

Part III of the report form. The Committee notes the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It notes that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also notes that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee notes the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It notes the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee notes that, according to the "rapid assessment on the situation of children in the worst forms of child labour in a tourism economy" established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee notes that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on October 23, 2000. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes that on December 2002 ILO established the following study: "Barbados, the situation of children in the worst forms of child labour in a tourism economy: a rapid assessment". It notes that, according to this study, the Government of Barbados, trade unions and the private sector strongly oppose child labour. In addition, the Government completed a country survey on child labour information for the Trade and Development Act (GP), which outlines several legal provisions to combat child labour. The Committee notes that, according to the ILO Assessment Study, Barbados has a well-developed network of institutions for health, education, social services and the judiciary. In 1998, the Government established a National Committee for Monitoring the Rights of the Child. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour. It also notes that the Child Care Board, which acts jointly with the Royal Barbados Police Force, has a mandate to ensure the care and protection of children. The Committee asks the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. It also asks the Government to supply a copy of the country survey on child labour Information for the Trade and Development Act.

Article 2, paragraph 1. Scope of application. The Committee notes that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or ship. It also notes that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee notes that the abovementioned provisions of the Employment Act and the Shipping Act seem to be applicable only to industrial undertakings and ships and that the general prohibition stated by section 14 of the Employment Act is limited to employment during school hours. The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than industrial undertakings, such as agricultural work.

Article 2, paragraph 2. Raising of the minimum age originally specified. The Committee notes that, at the time of ratification, the Government declared 15 years to be the general minimum age for admission to employment or work. However, it takes due note of the Government’s information that the Employment (Miscellaneous Provisions) Amendment Act, 2001, was enacted subsequent to the ratification of this Convention. This text, for the purposes of the minimum age for admission to work, amends section 2 of the Employment Act, 1977 defining a "child" as a person under 16 years of age (previous definition: under 15 years) and a "young person" as a person between 16 and 18 years of age. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for States, which raise the minimum age for admission to employment or work initially specified, to inform the Director-General of the International Labour Office by further declarations.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s statement that, according to section 41 of the Education Act of 1981 and section 2 of the Education (Amendment) Act of 1995, in Barbados education is free (in public educational institutions) and compulsory from the age of 5 to 16 years and an individual cannot be admitted fully to employment unless he/she has passed 16 years of age.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that the Employment Act, 1977, the Factories Act, 1984, and the Shipping Act, 1994, make provisions for the health and protection of children and young persons engaged in industrial undertakings, factories and on board of ships. It notes that, according to section 8(1) of the Employment Act, no "young person" (between 16 and 18 years, according to the Employment (Miscellaneous Provisions) (Amendment) Act, 2001) shall be employed in any industrial undertaking during the night (between 6 p.m. and 7 a.m.) or in any work that, by its nature or the circumstances under which it is done, is likely to cause injury to his health, safety or morals. The Committee further notes the Government’s information that section 66 of the Factories Act of 1984 prohibits the employment of women and "young persons" (defined under this Act as a person between 15 and 18 years of age) in certain processes connected with lead manufacture, such as: work at a furnace involving the reduction or treatment of zinc or lead ores; the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc; the manufacture of solder or alloys containing more than 10 per cent lead; the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators; the cleaning of workrooms where any of the above processes are carried on; or the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead. The Committee notes that, according to section 103(2) of the Shipping Act of 1994, no person shall employ an individual under the age of 18 years in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner is delivered to the master of the ship certifying that such individual is fit to be employed in that capacity; section 103(4) prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision. The Committee notes the Government’s information that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asks the Government to supply a copy of the Liquor Licences Act.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the Employment Act provides for an extensible definition of "industrial undertaking" (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also notes that while section 8(1) of the Employment Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform, are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion of limited categories of employment or work. The Committee notes that, according to section 12(b) of the Employment Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment Act, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes the Government’s statement that no use has been made of the exceptions permitted under this Article of the Convention. However, the Committee notes that section 14(1) of the Employment Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also notes that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalls that Article 7, paragraphs 1 and 3, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 13 years and above.

Article 8. Artistic performances. Noting the absence of information on this point in the Government’s report, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 16 years participate in artistic performances in practice.

Part III of the report form. The Committee notes the Government’s statement that the Labour Department administers the Employment Act and the Factories Act. It notes that the Child Care Board and the Labour Department are responsible for monitoring child labour and are empowered to conduct investigations and inspections if a problem of child labour is reported. It notes that, according to the Labour Department Act of 1978, the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers of the Ministry of Labour are in charge of performing inspection duties. The Committee also notes that specific inspection powers are assigned to Labour Officers by single labour laws, such as the Employment Act and the Factories Act of 1984. The Committee notes the Government’s statement that, according to the Shops Act, inspections of shops are carried out by eight labour officers under the supervision of a senior labour officer. Inspections on factories are carried out by four factory inspectors under the supervision of a senior factor Inspector. It notes the Government’s information that inspections on non-factory operations would be conducted in response to any complaints and, so far, there were no complaints. Nevertheless, the Committee notes that, according to the "rapid assessment on the situation of children in the worst forms of child labour in a tourism economy" established by ILO on December 2002, despite the strong policy and legal framework, monitoring strategies appeared to be inadequate. The Committee asks the Government to provide information on the practical application of the inspections carried out by the Labour Officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee also asks the Government to supply a copy of the Shops Act.

Part V of the report form. The Committee notes that, according to the ILO Rapid Assessment Study, about 48 per cent of the children engaged in economic activities were engaged in general work and 52 per cent were in activities of hazardous nature both in tourist and non-tourist sectors. Boys seem to be mainly involved in construction, electrical repairs/installation, fruit selling, horse grooming and assisting at supermarkets, and girls were working as hair-braiders, childcare assistants and shop assistants. Most children attended school and those engaged in economic activities worked on a part-time basis after school or on weekends. Children involved in the worst forms of child labour appeared to attend school less regularly than children doing general work activities. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.